EXCLUSIVE: Did Convicted Terrorist Brett Kimberlin Confess to SWATting?

Also: My Memorandum in Support of My Motion to Dismiss

This is the latest post in what I half-jokingly call The Kimberlin Saga^®.  If you are new to the story, that’s okay! Not everyone reads my blog.  The short version is that convicted terrorist Brett Kimberlin has been harassing me for over three years, his worst conduct being when he attempted to frame me for a crime.  I recognize that this might sound like an incredible claim, but I provide video and documentary evidence of that fact; in other words, you don’t have to believe my word.  You only have to believe your eyes.  Indeed, he sued me for saying this and lost on the issue of truth.  And more recently when his wife came to us claiming that this convicted terrorist had threatened her harm, we tried to help her leave him, and for that, he sued myself, John Hoge, Robert Stacy McCain and Ali Akbar for helping his wife and he is suing Hoge, McCain, Akbar, DB Capital Strategies, Michelle Malkin, Glenn Beck, Patrick “Patterico” Frey, Mandy Nagy, Lee Stranahan, Erick Erickson, Breitbart.com, the Blaze, Mercury Radio Arts, Red State, the National Bloggers Club, and  others alleging that we are all in organized crime for reporting factually about the spate of SWATtings committed against myself, Frey and Erickson.  So, if you are new to the story, go to this page and you’ll be able to catch up on what has been happening.

Mmm... popcorn...

So yesterday, I shared the Complaint in Brett Kimberlin’s latest lawsuit against me and my motion to dismiss...  the second part of which was kind of a head fake, because it was just a “rump” motion to dismiss that more or less said, “I want this court to dismiss this case, and the reasons why are in this other document.”  So, naturally, you probably want to see that other document.  Of course I am not giving you, again, the massive exhibits that I have already shared (and as per usual signatures and personal information are being redacted).  Those exhibits were a huge part of it, too.  All and all, I had to deliver over 500 pages just for the exhibits.  I joked to the clerk that if they had a pool going for the largest filing of the week, she might have just won.  She told me that it actually wasn’t, they got a filing in a bucket recently, but mine was in the top ten.

In any case, here’s the memorandum, sans exhibits, below the fold:

   Walker Memorandum in Support of MTD (Redacted)

I will repeat that since Brett essentially filed the same complaint in the now-mostly-defunct RICO suit, much of what I wrote is recycled from my motion to dismiss and the reply I filed in that case.  But I was surprised, still, how I was still adding and augmenting in small and big ways throughout.  I don’t know how interesting any of this would be to regular folks, but I suspect legal geeks like myself would enjoy a few wrinkles, such as the Stolen Valor Case I mentioned yesterday.  The point of mentioning this is that just because a part of a section starts to sound familiar doesn’t mean you have seen all of it before.  Whether that justifies reading all 40+ pages carefully or not, is your call.

As for the title of this post, asking if Brett just confessed to SWATting...  Well, you might have guessed it by reading this old post where I argued that Brett Kimberlin had accidentally admitted that he was a pedophile.  There, I was dealing with a new claim by Kimberlin that we had engaged in invasion of privacy by publicizing private facts.  And I wrote about how him being a pedophile (as he is estopped from denying) wouldn’t be a private fact, because it is a crime.  But I also said that there was still something extra funny about the claim that his pedophilia was a private fact.  To quote myself:

Look, if I write in a legal brief, “John Doe defamed me by stating X” I am alleging the following: that the person 1) published a 2) false statement that 3) harmed my reputation and therefore 4) caused me 5) damage.  This might not all be true, but it is what you are claiming happened, and can be an admission against interest.  That is, you are claiming it happened, and (as appropriate) admitting that that had happened.

So he is claiming that we engaged in “unreasonable publicity given to private facts.”  The tort has a number of different ways it is stated.  The Uranga court called it “Invasion of Privacy by Publication of Private Facts.”  And in another case, Doe v. U.S. (2000), the court calls it “invasion of privacy by publication of private facts.”  There are other variations.  But whatever you call it, the elements are the same.  From Doe:

a plaintiff must allege a) that the publicized information contains highly intimate or embarrassing facts about a person's private affairs; b) that such information was communicated to the public at large; and c) that the information is not of legitimate concern to the public

(Emphasis removed.)  And, further, you have to allege that it d) caused e) damage.  So he is alleging (and admitting) that each and every one of those elements occurred.

So he is claiming that by publishing information related to his alleged pedophilia—my opinion that he is a pedophile, allegations that he seduced his wife when she only fourteen years old, that he allegedly flew back and forth from America to the Ukraine to continue that sexual relationship, that he flew her back to the U.S. when she was only fifteen years old in order to have sex with her, that while in Maryland they did have sex over fifty times, that once she walked in on him attempting to seduce her then-twelve-year-old cousin, and that nine days after her sixteenth birthday they married—amounted to “highly intimate or embarrassing facts.”

In other words, he is alleging that all of these things are true.

The court in Roe states the obvious, pretty well: “A ‘fact’ is a proposition which correctly describes a state of affairs in the world. To say that something is a ‘fact’ is necessarily to say that it is true.”

So if he is saying that all the allegations that he is a pedophile and has engaged in underage sex is a “fact” he is admitting that it is true.  As the Roe court noted, no claim for unreasonable publicity of private facts will lie for a false statement, so the fact he alleged this cause of action means he is implicitly admitting that all of our allegations related to pedophilia are true.

So, it is no longer merely my opinion that he is a pedophile, nor is it just a subject of estoppel.  Now he has actually admitted it, and as long as that motion is in the docket, he cannot deny it, in Montgomery County Circuit court, or any other court.  After all, the courts do not allow you to talk out of both sides of your mouth.

Which, when you think about it, is pretty freaking hilarious.  In attempting to punish people for expressing the opinion that he is a pedophile he has just made a judicial admission—a Kinsley gaffe, in my opinion—that he is one.

So, now he is claiming that somehow that allegations that we allegedly made that he SWATted us was giving publicity to private facts, so...  is that an accidental confession that it is true?

Well, even though I despise Kimberlin, I strive to be fair.  And in this case, I would say no.  Last time, there was no serious, simultaneous allegation that it was false.  Here, his claim that it is false is all over the complaint.  So, hey, you can make up your own mind, but I won’t call him an admitted SWATter at this point.

Anyway, my primary goal in writing this is not to entertain you but persuade the judges, but I can hope I have entertained you, anyway.  But my goal is to persuade the judge, and maybe even get resolution before anyone else files anything.  Brett now has thirteen days before this is due...

And I am dangerously low on popcorn…

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My wife and I have lost our jobs due to the harassment of convicted terrorist (and adjudicated pedophile) Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years.  I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence.  If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the donation link on the right.  And thank you.

Follow me at Twitter @aaronworthing, mostly for snark and site updates.  And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here.  And you can read a little more about my novel, here.

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Disclaimer:

I have accused some people, particularly Brett Kimberlin, of reprehensible conduct.  In some cases, the conduct is even criminal.  In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system.  I do not want to see vigilante violence against any person or any threat of such violence.  This kind of conduct is not only morally wrong, but it is counter-productive.

In the particular case of Brett Kimberlin, I do not want you to even contact him.  Do not call him.  Do not write him a letter.  Do not write him an email.  Do not text-message him.  Do not engage in any kind of directed communication.  I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.

And for that matter, don’t go on his property.  Don’t sneak around and try to photograph him.  Frankly try not to even be within his field of vision.  Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).

And do not contact his organizations, either.  And most of all, leave his family alone.

The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report.  And even then if he tells you to stop contacting him, obey that request.  That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.

And let me say something else.  In my heart of hearts, I don’t believe that any person supporting me has done any of the above.  But if any of you have, stop it, and if you haven’t don’t start.